Amnesty International Kenya Issues Public Safety Advisory to Police Ahead of Fuel Price Demonstrations

For Immediate Release

Amnesty International Kenya notes the anticipated demonstrations scheduled across the country for today, Tuesday, 21 April 2026, in response to recent fuel price increases and their negative economic impact on citizens.

The National Police Service (NPS) is reminded that the Constitution of Kenya guarantees every person the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed under Article 37. The Police bear a primary responsibility for collectively facilitating and protecting this right, not for suppressing it. The purpose of protest notifications is to coordinate public safety, not to request permission.

Considering past protests, during which Amnesty International Kenya documented excessive use of force, arbitrary arrests, harassment of journalists, and obstruction of medical personnel, we remind the NPS that individual officers and their commanders may be held personally and criminally liable for violations of human rights, the Constitution, and Kenyan law. Recent court decisions and the 34 guidelines contained in the July 2025 Interior Ministry policy directive on the use of police force and firearms have reaffirmed these obligations and standards.

These court rulings and provisions were reinforced with consequences in the April 2026 Petition E015 of 2024. The High Court in Kisumu recently emphatically affirmed that the use of live ammunition against unarmed civilians and bystanders during public demonstrations is unlawful and unconstitutional. The Court expressed deep concern and empathy for civilians who were shot in their homes, on the streets, or while fleeing state violence and described these actions as a grave failure of policing and a violation of the life, dignity, and security of the person. The Court was categorical that firearms may only be used where strictly unavoidable to protect life, and that treating protest situations as battlefields is impermissible in a constitutional democracy.

Amnesty International Kenya issues the following advisory, which must guide police conduct during the 21 April 2026 demonstrations:

Facilitation of Peaceful protests: The NPS must facilitate peaceful assemblies and ensure the safety of all participants and bystanders. Peaceful protesters must not be dispersed, arrested, or intimidated simply for exercising their constitutional rights.
Command Responsibility and Accountability: All police commanders must exercise lawful command responsibility. Senior officers will be held accountable for unlawful acts committed by officers under their supervision, including excessive use of force and failure to prevent abuse. All police officers actively deployed must be clearly identifiable by uniform, name tags, and service numbers, in line with court orders and policing standards.
Use of Force: Necessity, Proportionality and De-escalation: The use of force must be lawful, necessary, proportionate, and a last resort. Police officers must prioritise de-escalation and dialogue. The use of live ammunition, rubber bullets, tear gas, or water cannons against peaceful protesters is prohibited. Particular care must be taken in residential areas, near schools, hospitals, and other public spaces.
Protection of Journalists and Media Freedom: Journalists and media workers must be protected and allowed to operate freely. Amnesty International Kenya strongly urges the State to refrain from any shutdown, disruption, or interference with media houses, journalists, internet access, or live broadcasting of the demonstrations. Any such actions would amount to unlawful restrictions on freedom of expression and access to information, which are protected under the Constitution and international human rights law.
Protection of Health Workers and Neutral Parties: Health workers, human rights observers, and other neutral parties must always be protected and granted safe passage. They must not be targeted, obstructed, or subjected to force while carrying out their duties.
Distinction Between Peaceful Protesters and Violent Individuals: Police officers must clearly distinguish between peaceful protesters and individuals engaging in isolated criminal acts. Peaceful protesters must not be collectively punished for the actions of a few. Arrests must be lawful, targeted, and based on individual responsibility.
Rights of Arrested Persons: All arrested persons must be informed promptly of the reasons for arrest, granted access to legal counsel, offered bond or bail where applicable, and presented before a court within 24 hours, in accordance with the Constitution.
Oversight, Reporting, and Cooperation with Independent Bodies: Any deaths or serious injuries must be immediately reported to the Independent Policing Oversight Authority (IPOA). The NPS must fully cooperate with IPOA and the Kenya National Commission on Human Rights, including by preserving and surrendering all relevant evidence.

Public order and human rights are not mutually exclusive. There must be no further loss of life, no excessive use of force, and no suppression of media freedom during the exercise of the right to peaceful protest.